Footnotes

[1] Absolute rights are: the right not to be subjected to torture, cruel, inhuman or degrading treatment; the right not to be subjected to slavery; the right not to be imprisoned for inability to fulfil a contract; the right not to be subject to retrospective criminal laws; the right to recognition as a person before the law.

Chapter 1 - New and continuing matters

[1] See Parliament of Australia website, 'Journals of the Senate', http://www.aph.gov.au/Parliamentary_Business/Chamber_documents/Senate_chamber_documents/Journals_of_the_Senate.

[2] See Twenty‑third Report of the 44^th Parliament (18 June 2015), Appropriation Bill (No. 3) 2014‑2015 and Appropriation Bill (No. 4) 2014-2015, 13-17.

[3] For more information regarding the committee's previous comments see Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44^th Parliament (28 October 2014) 106‑113.

[4] For more information regarding the committee's previous comments see Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44^th Parliament (28 October 2014) 106‑113.

[5] This bill extends the Business Services Wage Assessment Tool Payment Scheme, which the committee has previously commented on. See Parliamentary Joint Committee on Human Rights, Eleventh Report of the 44^th Parliament (2 September 2014) 13-30.

[6] See Parliamentary Joint Committee on Human Rights, Twenty-fourth Report of the 44^th Parliament (23 June 2015) 2.

[7] This instrument was received in the previous time period of the Thirty-third Report of the 44^th Parliament (2 February 2016).

[8] See Parliamentary Joint Committee on Human Rights, Twenty-first Report of the 44^th Parliament (24 March 2015); and Parliamentary Joint Committee on Human Rights, Twenty‑third Report of the 44^th Parliament (18 June 2015).

[9] See Parliamentary Joint Committee on Human Rights, Thirty-third Report of the 44^th Parliament (2 February 2016) 17-25.

[10] Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44^th Parliament (10 November 2015) 61-63.

[11] Explanatory Statement (ES) 3.

[12] ES 3.

[13] See Appendix 1, Letter from Senator the Hon Michaelia Cash, Minister for Employment, to the Hon Philip Ruddock MP (received 11 January 2016) 1.

[14] Building Code (Fitness for Work/Alcohol and Other Drugs in the Workplace) Amendment Instrument 2015, Schedule 3, clauses 3 and 6.

[15] ES, statement of compatibility (SOC) 3.

[16] S and Marper v UK, ECtHR, 4 December 2008, paragraphs 72 and 73.

[17] Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation 2015 [F2015L01961], explanatory statement (ES), statement of compatibility (SOC) 2.

[18] Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015 [F2015L01962], ES, SOC 7.

[19] See Parliamentary Joint Committee on Human Rights, Guidance Note 1 – Drafting Statements of Compatibility (December 2014) at: http://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/guidance_notes/guidance_note_1/guidance_note_1.pdf.

[20] See Attorney-General's Department, Template 2: Statement of compatibility for a bill or legislative instrument that does not raise any human rights issues at: https://www.ag.gov.au/RightsAndProtections/HumanRights/Human-rights-scrutiny/Pages/Statements-of-Compatibility-Templates.aspx.

[21] See Attorney-General's Department, Statements of Compatibility Templates at: https://www.ag.gov.au/RightsAndProtections/HumanRights/Human-rights-scrutiny/Pages/Statements-of-Compatibility-Templates.aspx.

Chapter 2 - Concluded matters

[1] Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44th Parliament (10 November 2015) 14-18.

[2] Current thresholds for concession card holders and recipients of FTB A is $638.40 and for singles and families is $2 000.

[3] The proposed new threshold for concession card holders is $400; for singles is $700; for families is $1 000 and for recipients of FTB A is $700.

[4] Explanatory memorandum (EM), statement of compatibility (SOC) 9.

[5] EM, SOC 9.

[6] See Attachment A in the minister's correspondence at Appendix 1 of the report.

[7] See Appendix 1, Letter from the Hon Sussan Ley MP, Minister for Health, to the Hon Philip Ruddock MP (dated 1 December 2015) 1-5.

[8] Parliamentary Joint Committee on Human Rights, Nineteenth Report of the 44th Parliament (3 March 2015) 29-38.

[9] Parliamentary Joint Committee on Human Rights, Twenty-second Report of the 44th Parliament (13 May 2015) 174-182.

[10] Parliamentary Joint Committee on Human Rights, Thirty-first Report of the 44th Parliament (24 November 2015) 4-11.

[11] Section 380 of the Telecommunications Act 1997 (the Telecommunications Act).

[12] Section 382 of the Telecommunications Act.

[13] The prohibited grounds are race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Under 'other status' the following have been held to qualify as prohibited grounds: age, nationality, marital status, disability, place of residence within a country and sexual orientation.

[14] UN Human Rights Committee, General Comment 18, Non-discrimination (1989).

[15] Althammer v Austria HRC 998/01 [10.2].

[16] Committee on the Rights of Persons with Disabilities, General Comment No. 2: Article 9: Accessibility (2014) paragraph 28.

[17] See Appendix 1, Letter from the Hon Dr Peter Hendy MP, Assistant Minister for Productivity, to the Hon Philip Ruddock MP (dated 15 December 2015, received 19 January 2016) 1-2.

[18] See Appendix 1, Letter from the Hon Dr Peter Hendy MP, Assistant Minister for Productivity, to the Hon Philip Ruddock MP (dated 15 December 2015, received 19 January 2016) 1.

[19] See Appendix 1, Letter from the Hon Dr Peter Hendy MP, Assistant Minister for Productivity, to the Hon Philip Ruddock MP (dated 15 December 2015, received 19 January 2016) 2.

[20] Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44th Parliament (10 November 2015) 28-52.

[21] Explanatory memorandum (EM), Attachment A [43].

[22] UN Human Rights Committee, F.K.A.G. et al. v Australia, CCPR/C/108/D/2094/2011 (2013).

[23] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 7.

[24] UN Human Rights Committee, F.K.A.G. et al. v Australia, CCPR/C/108/D/2094/2011 (2013).

[25] Any statutory right of review would need to ensure the appropriate protection of national security sources as provided for in the National Security Information (Criminal and Civil Proceedings) Act 2004.

[26] Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), article 3(1); International Covenant on Civil and Political Rights (ICCPR), articles 6(1) and 7; and Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty.

[27] See Refugee Convention, article 33. The non-refoulement obligations under the CAT and ICCPR are known as 'complementary protection' as they are protection obligations available both to refugees and to people who are not covered by the Refugee Convention, and so are 'complementary' to the Refugee Convention.

[28] ICCPR, article 2. See Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (11 February 2014), Migration Amendment (Regaining Control over Australia's Protection Obligations) Bill 2013, 45, and Parliamentary Joint Committee on Human Rights, Fourth Report of the 44th Parliament (18 March 2014), Migration Amendment (Regaining Control over Australia's Protection Obligations) Bill 2013, 51.

[29] EM, Attachment A [43].

[30] See Agiza v. Sweden, Communication No. 233/2003, UN Doc. CAT/C/34/D/233/2003 (2005), para 13.7. See also Arkauz Arana v. France, Communication No. 63/1997, CAT/C/23/D/63/1997 (2000), paras 11.5 and 12 and comments on the initial report of Djibouti (CAT/C/DJI/1) (2011), A/67/44, p 38, para 56(14), see also: Concluding Observations of the Human Rights Committee, Portugal, UN Doc. CCPR/CO/78/PRT (2003), at para 12.

[31] The requirements for the effective discharge of Australia's non-refoulement obligations were set out in more detail in Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (11 February 2014), paragraphs [1.89] to [1.99]. See also Fourth Report of the 44th Parliament (18 March 2014) paragraphs [3.55] to [3.66] (both relating to the Migration Amendment (Regaining Control Over Australia's Protection Obligations) Bill 2013).

[32] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 8.

[33] See Agiza v. Sweden, Communication No. 233/2003, UN Doc. CAT/C/34/D/233/2003 (2005), para 13.7. See also Arkauz Arana v. France, Communication No. 63/1997, CAT/C/23/D/63/1997 (2000), paras 11.5 and 12 and comments on the initial report of Djibouti (CAT/C/DJI/1) (2011), A/67/44, p 38, para 56(14), see also: Concluding Observations of the Human Rights Committee, Portugal, UN Doc. CCPR/CO/78/PRT (2003), at para 12.

[34] The requirements for the effective discharge of Australia's non-refoulement obligations were set out in more detail in Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (11 February 2014), paragraphs [1.89] to [1.99]. See also Fourth Report of the 44th Parliament (18 March 2014) paragraphs [3.55] to [3.66] (both relating to the Migration Amendment (Regaining Control Over Australia's Protection Obligations) Bill 2013).

[35] Article 3(1).

[36] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 8-9.

[37] EM 14.

[38] See Parliamentary Joint Committee on Human Rights, Nineteenth Report of the 44th Parliament (3 March 2015) 13-28.

[39] Item 8, Schedule 2.

[40] Item 9, Schedule 2.

[41] Item 18, Schedule 2.

[42] Item 19, Schedule 2.

[43] Item 20, Schedule 2.

[44] EM, Attachment A [48].

[45] EM, Attachment A [49].

[46] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 9-10.

[47] Item 8, Schedule 2.

[48] Item 9, Schedule 2.

[49] Item 18, Schedule 2.

[50] Item 19, Schedule 2.

[51] Item 20, Schedule 2.

[52] EM, Attachment A [43].

[53] Any statutory right of review would need to ensure the appropriate protection of national security sources as provided for in the National Security Information (Criminal and Civil Proceedings) Act 2004.

[54] EM, Attachment A [50].

[55] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 10.

[56] Views: Nystrom v. Australia Communications No 1557/2007, 102nd sess, UN Doc CCPR/C/102/D/1557/2007 (18 July 2011) ('Nystrom'). This was subsequently affirmed by the HRC in Warsame, UN Doc CCPR/C/102/D/1959/2010.

[57] Australia is a party to this treaty and has voluntarily accepted obligations under it. Article 31 of that treaty provides that treaties are to be interpreted in good faith, according to ordinary meaning, in context, in light of object and purpose. Subsequent practice in the application and interpretation of the treaties is to be taken together with context in the interpretation of treaty provisions. The views of human rights treaty monitoring bodies may be considered an important form of subsequent practice for the interpretation of Australia's treaty obligations. More generally, statements by human rights treaty monitoring bodies are generally seen as authoritative and persuasive for the interpretation of international human rights law.

[58] See Right to enter one's country, Commission on Human Rights, 5th Session (1949), Commission on Human Rights, 6th Session (1950), on Human Rights, 8th Session (1952) 261 in Marc J. Bossuyt, Guide to the "Travaux Préparatoires" of the International Covenant on Civil and Political Rights (1987) 261.

[59] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 10-11.

[60] United Nations Human Rights Committee, ICCPR General Comment No. 27: Article 12 (Freedom of Movement), 67 sess, UN Doc CCPR/C/21/Rev.1/Add.9, [20].

[62] EM, Attachment A [43].

[63] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 11.

[64] The prohibited grounds are race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Under 'other status' the following have been held to qualify as prohibited grounds: age, nationality, marital status, disability, place of residence within a country and sexual orientation.

[65] UN Human Rights Committee, General Comment 18, Non-discrimination (1989).

[66] Althammer v Austria HRC 998/01, [10.2].

[67] Australian Institute of Health and Welfare, The mental health of prison entrants in Australia, Bulletin 104 (June 2012) available from: http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=10737422198&libID=10737422198.

[68] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 12.

[69] Australian Institute of Health and Welfare, The mental health of prison entrants in Australia, Bulletin 104, June 2012, available from http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=10737422198&libID=10737422198.

[70] EM, Attachment A [55].

[71] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 13.

[72] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 13-14.

[73] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 14.

[74] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 15.

[75] UN Committee on the Rights of Persons with Disabilities, General comment No. 1: Article 12: Equal recognition before the law (2014), paragraph 15.

[76] Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44th Parliament (10 November 2015) 19-27.

[77] See section 36(2)(aa) of the Migration Act 1958.

[78] Explanatory memorandum (EM), statement of compatibility (SOC), paragraph [21].

[79] See Alan v Switzerland, Merits, Communication No 21/1995, UN Doc CAT/C/16/D/21/1995, UN Doc A/51/44, Annex V, 68, IHRL 3781 (UNCAT 1996), Sadiq Shek Elmi v. Australia, Communication No. 120/1998, U.N. Doc. CAT/C/22/D/120/1998 (1999) and Manfred Nowak (Former UN Special Rapporteur on Torture) An Analysis of the various legal issues under Article 3 CAT (available from http://www.hklawacademy.org/downloads/cat1/d2am/ProfessorManfredNowakAnAnalysisoftheVariousLegalIssuesundeArticle3.pdf). In contrast see H.M.H.I. (name withheld) v. Australia, Communication No. 177/2001, U.N. Doc. A/57/44 at 166 (2002).

[80] See, for example, Human Rights Committee, General Comment 27, Freedom of movement (Art.12), U.N. Doc CCPR/C/21/Rev.1/Add.9 (1999).

[81] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 2-3.

[82] See James C. Hathaway and Michelle Foster, Global Consultations on international protection, June 2003, available at: http://www.refworld.org/docid/470a33b70.html; Reinhard Marx, 'The Criteria of Applying the "Internal Flight Alternative" Test in National Refugee Status Determination Procedures' (2002) 14 International Journal of Refugee Law 179.

[83] UNHCR Position on Relocating Internally as a Reasonable Alternative to Seeking or Receiving Asylum, UNHCR/IOM/24/99, 9 February 1999, paragraph 9.

[84] UNHCR (2011), paragraph 9.

[85] Al-Ahmadi v Minister for Immigration and Multicultural Affairs [2000] FCA 1081 [18].

[86] Rasaratnam v MEI (1992) 1 FC 706 (CA); Thirunavukkarasu v MEI (1993) 1 FC 589 (CA).

[87] Butler v Attorney-General (1999) NZAR 205 (CA).

[88] Ex part Robinson v SSDH (1997) FG 3 96/7394/D.

[89] Sufi and Elmi v United Kingdom (2012) 54 EHRR 9, at [266].

[90] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 3.

[91] EM, SOC, paragraph [31].

[92] See HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31; RT (Zimbabwe) and others v Secretary of State for the Home Department [2012] UKSC 38; CJEU judgment in C-199/12, C200/12 and C201/12, X, Y and Z, 7 November 2013; CJEU – C-71/11 and C-99/11 Germany v Y and Z, 5 September 2012; Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71 at [40]-[41] per McHugh and Kirby JJ.

[93] Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71 at [40] per McHugh and Kirby JJ.

[94] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 3-5.

[95] See, for example, Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31;: Karouni v Gonzales (2005) 399 F 3d 1163 (USCA, 9th Cir); Refugee Appeal No 74665/03 [2005] INLR 68; Fosu v Canada (2008) 335 FTR 223 (Can. FC 2008). Bundesrepublik Deutschland v Y (C-71/11) and Z (Case C-99/11), Court of Justice of the European Union (Grand Chamber) 5 September 2012, paragraph 79.

[96] Appellant S395/2002v Minister for Immigration and Multicultural Affairs [2003] HCA 71, [40] (McHugh and Kirby JJ).

[97] [2014] HCA 45 at [17].

[98] EM, SOC, paragraph [57].

[99] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 5-6.

[100] Communication No. 233/2003, U.N. Doc. CAT/C/34/D/233/2003 (2005) [13.7].

[101] Josu Arkauz Arana v. France, CAT/C/23/D/63/1997, (CAT), 5 June 2000.

[102] Mohammed Alzery v. Sweden, Communication No. 1416/2005, U.N. Doc. CCPR/C/88/D/1416/2005 (2006)) [11.8].

[103] Australia is a party to this treaty and has voluntarily accepted obligations under it. Article 31 of that treaty provides that treaties are to be interpreted in good faith, according to ordinary meaning, in context, in light of object and purpose. Subsequent practice in the application and interpretation of the treaties is to be taken together with context in the interpretation of treaty provisions. The views of human rights treaty monitoring bodies may be considered an important form of subsequent practice for the interpretation of Australia's treaty obligations. More generally, statements by human rights treaty monitoring bodies are generally seen as authoritative and persuasive for the interpretation of international human rights law.

[104] Parliamentary Joint Committee on Human Rights, Fourteenth Report of the 44th Parliament (October 2014) 70-92.

[105] Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44th Parliament (10 November 2015) 68-77.

[106] Explanatory memorandum (EM), Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (RALC Act), Attachment A 9.

[107] Explanatory statement (ES) 6.

[108] The requirements for the effective discharge of Australia's non-refoulement obligations were set out in more detail in Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (2 February 2015) paragraphs [1.89] to [1.99]. See also Parliamentary Joint Committee on Human Rights, Fourth Report of the 44th Parliament (18 March 2014) paragraphs [3.55] to [3.66] (both relating to the Migration Amendment (Regaining Control Over Australia's Protection Obligations) Bill 2013).

[109] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 16.

[110] UNHCR, 'UNHCR concerned about confirmation of TPV system by High Court' (20 November 2006) http://www.unhcr.org.au/pdfs/TPVHighCourt.pdf.

[111] Outline of Submissions on Behalf of the Office of the United Nations High Commissioner for Refugees (as Amicus Curiae) (2007) 19 International Journal of Refugee Law 360, 367.

[112] [2006] FCAFC 60 (12 May 2006) at [183].

[113] EM RALC Act, Attachment A 9.

[114] EM RALC Act, Attachment A 17.

[115] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 16-17.

[116] See, for example, Greg Marston, Temporary Protection Permanent Uncertainty (RMIT University 2003) 3. http://dpl/Books/2003/RMIT_TemporaryProtection.pdf; Australia Human Rights Commission, A last resort? - Summary Guide: Temporary Protection Visas, https://www.humanrights.gov.au/publications/last-resort-summary-guide-temporary-protection-visas.

[117] Article 3(1).

[118] UN Committee on the Rights of Children, General Comment 14 on the right of the child to have his or her best interest taken as primary consideration, CRC/C/GC/14 (2013).

[119] EM RALC Bill, Attachment A 12.

[120] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 17-18.

[121] See Subclass 785-Temporary Protection Visa, which as a result of 785.611 is subject to condition 8570, see Schedules 2 and 8 to the Migration Regulations 1994.

[122] See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 11 January 2016) 18-19.

[123] See UN Human Rights Committee, General Comment 27: Freedom of movement (1999), paragraph [8]. See also paragraphs [9] to [10].

[124] Parliamentary Joint Committee on Human Rights, Twenty-seventh Report of the 44th Parliament (8 September 2015) 16-19.

[125] Related provisions relating to such rights for specific groups are also contained in the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), articles 11 and 14(2)(e) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), article 32 of the Convention on the Rights of the Child (CRC) and article 27 of the Convention on the Rights of Persons with Disabilities (CRPD).

[126] See Appendix 1, Letter from the Hon Warren Truss MP, to the Hon Philip Ruddock MP (dated 22 October 2015) 1-2.

[127] Explanatory memorandum (EM), regulatory impact statement (RIS) 75.

[128] EM, RIS 50.

[129] RIS 75.

[130] The analysis in this entry also applies to the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 3) [F2015L02098].

[131] United Nations Security Council, Resolution 2199 (2015), paragraph 17, 7379th meeting.

[132] See article 2(2) and article 41 of the Charter of the United Nations 1945.

[133] Parliamentary Joint Committee on Human Rights, Twenty-seventh Report of the 44th Parliament (8 September 2015) 12-20.

[134] See the combined effect of the Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 2) [F2015L01673], which designates regulation 5 of the Charter of the United Nations (Sanctions—Syria) Regulation 2015 as a UN Sanction Enforcement Law under section 2B of the Charter of the United Nations Act 1945, read with section 27 of that Act which makes contravention of a UN sanction enforcement law a criminal offence.

[135] See Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2015 (No. 2), specifying regulation 10 of the Charter of the United Nations (Sanctions—Iraq) Regulation 2008 and regulation 6 of the Charter of the United Nations (Sanctions—Syria) Regulation 2015 as UN sanction enforcement laws under section 2B of the Charter of the United Nations Act 1945, read with section 27 of that Act which makes contravention of a UN sanction enforcement law a criminal offence.

[136] United Nations Human Rights Committee, General Comment No. 35: Article 9 (Liberty and Security of persons) (16 December 2014) paragraph 12.

[137] United Nations Human Rights Committee, General Comment No. 35: Article 9 (Liberty and Security of persons) (16 December 2014) paragraph 22.

[138] See Appendix 1, Letter from the Hon Julie Bishop MP, Minister for Foreign Affairs, to the Hon Philip Ruddock MP (dated 21 December 2015, received 19 January 2016) 1-2.

[139] Attorney-General's Department, A Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers (September 2011 edition) 23.

[140] See Appendix 1, Letter from the Hon Julie Bishop MP, Minister for Foreign Affairs, to the Hon Philip Ruddock MP (dated 21 December 2015, received 19 January 2016) 1-2.

[141] Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44th Parliament (10 November 2015) 64-67.

[142] Related provisions relating to such rights for specific groups are also contained in the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), articles 11 and 14(2)(e) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), article 32 of the Convention on the Rights of the Child and article 27 of the Convention on the Rights of Persons with Disabilities (CRPD).

[143] Explanatory statement (ES) 2.

[144] See Appendix 1, Letter from Senator the Hon Michaelia Cash, Minister for Employment, to the Hon Philip Ruddock MP (received 11 January 2016) 2.

[145] Parliamentary Joint Committee on Human Rights, Twenty-eighth Report of the 44th Parliament (17 September 2015) 10-14.

[146] Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44th Parliament (10 November 2015) 102-109.

[147] See Parliamentary Joint Committee on Human Rights, Third Report of 2013 (13 March 2013); Parliamentary Joint Committee on Human Rights, Seventh Report of 2013 (5 June 2013); Parliamentary Joint Committee on Human Rights, Third Report of the 44th Parliament (4 March 2014); and Parliamentary Joint Committee on Human Rights, Eighth Report of the 44th Parliament (24 June 2014).

[148] Article 26 of the ICCPR and the Convention on the Rights of Persons with Disabilities.

[149] Convention on the Rights of the Child (CRC).

[150] Articles 6, 7 and 8 of the ICESCR.

[151] Article 9 of the ICESCR.

[152] Article 11 of the ICESCR.

[153] Article 12 of the ICESCR.

[154] Article 13 and 14 of the ICESCR and article 28 of the CRC.

[155] Determination 1, EM 2 and Determination 2, EM 2.

[156] See Appendix 1, Letter from the Hon Scott Morrison MP, Treasurer, to the Hon Philip Ruddock MP (dated 20 January 2016) 1-2.